Sec. 29.146. - Reporting requirements.

A.

Within either one hundred eighty (180) calendar days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the water utilities director a report that contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the water utilities director a report that contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B.

Users described above shall submit the information set forth below.

(1)

All information required in section 29.144.5A(1)(a), section 29.144.5A(2) and section 29.144.5A(3)(a).

(2)

Measurement of pollutants.

a.

The user shall provide the information required in section 29.144.5A(7)(a)—(d).

b.

The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this paragraph.

c.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403 in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403, this adjusted limit along with supporting data shall be submitted to the water utilities director or designee;

d.

Sampling and analysis shall be performed in accordance with section 29.146.9.

e.

The water utilities director may allow the submission of a baseline report that utilizes only historical data so long as the data provide information sufficient to determine the need for industrial pretreatment measures;

f.

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(3)

Compliance certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(4)

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 29.146.2 of this article.

(5)

Signature and report certification. All baseline monitoring reports must be certified in accordance with section 29.146.13A of this article and signed by an authorized representative.

Compliance schedule progress reports. The following conditions shall apply to the compliance

schedule required by section 29.146.16.1B(4) of this article:

A.

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B.

No increment referred to above shall exceed nine (9) months;

C.

The user shall submit a progress report to the water utilities director no later than fourteen (14) calendar days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D.

In no event shall more than nine (9) months elapse between such progress reports to the water utilities director.

Reports on compliance with categorical pretreatment standard deadline. Within ninety (90)

calendar days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the water utilities director a report containing the information described in sections 29.144.5A(6) and (7) and 29.146.1B(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in section 29.132, in accordance with 40 CFR 403, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 29.146.13A of this article. All sampling will be done in conformance with section 29.146.10.

A.

Except as specified in section 29.146.4C, all users must, at a frequency determined by the water utilities director, submit no less than twice per year, on dates specified, unless required more frequently, reports indicating the nature, concentration, and flow of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the water utilities director or the pretreatment standard necessary to determine the compliance status of the user.

B.

In accordance with 40 CFR 403, the city may authorize an industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

(1)

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an

applicable categorical standard and otherwise includes no process wastewater.

(2)

The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit under section 29.144.5A(8).

(3)

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4)

The request for a monitoring waiver must be signed and include the certification statement in section 29.146.13A in accordance with 40 CFR 403.

(5)

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6)

Any grant of the monitoring waiver by the water utilities director must be included as a condition in the user's wastewater discharge permit or other control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the water utilities director for three (3) years after expiration of the waiver.

(7)

Upon approval of the monitoring waiver and revision of the user's permit by the water utilities director, the industrial user must certify on each report with the statement in section 29.146.13C below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

(8)

In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of section 29.146.4A, or other more frequent monitoring requirements imposed by the water utilities director, and notify the water utilities director.

(9)

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

C.

The city may reduce the requirement for periodic compliance reports under section 29.146.4A in accordance with 40 CFR 403 to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the approval authority, where the industrial user's total categorical wastewater flow does not exceed any of the following:

(1)